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Us Congress Senate Bill SB567

Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB567 Compare Versions

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11 II
2-Calendar No. 133
32 118THCONGRESS
43 1
54 STSESSION S. 567
65 To amend the National Labor Relations Act, the Labor Management Rela-
76 tions Act, 1947, and the Labor-Management Reporting and Disclosure
87 Act of 1959, and for other purposes.
98 IN THE SENATE OF THE UNITED STATES
109 FEBRUARY28, 2023
1110 Mr. S
1211 ANDERS(for himself, Mr. SCHUMER, Mrs. MURRAY, Ms. BALDWIN, Mr.
1312 B
1413 ENNET, Mr. BLUMENTHAL, Mr. BOOKER, Mr. BROWN, Ms. CANTWELL,
1514 Mr. C
1615 ARDIN, Mr. CARPER, Mr. CASEY, Mr. COONS, Ms. CORTEZMASTO,
1716 Ms. D
1817 UCKWORTH, Mr. DURBIN, Mrs. FEINSTEIN, Mr. FETTERMAN, Mrs.
1918 G
2019 ILLIBRAND, Ms. HASSAN, Mr. HEINRICH, Mr. HICKENLOOPER, Ms.
2120 H
2221 IRONO, Mr. KAINE, Mr. KING, Ms. KLOBUCHAR, Mr. LUJA´N, Mr.
2322 M
2423 ANCHIN, Mr. MARKEY, Mr. MENENDEZ, Mr. MERKLEY, Mr. MURPHY,
2524 Mr. O
2625 SSOFF, Mr. PADILLA, Mr. PETERS, Mr. REED, Ms. ROSEN, Mr.
2726 S
2827 CHATZ, Mrs. SHAHEEN, Ms. SMITH, Ms. STABENOW, Mr. TESTER, Mr.
2928 V
3029 ANHOLLEN, Mr. WARNOCK, Ms. WARREN, Mr. WELCH, Mr. WHITE-
3130 HOUSE, and Mr. WYDEN) introduced the following bill; which was read
3231 twice and referred to the Committee on Health, Education, Labor, and
3332 Pensions
34-J
35-ULY18, 2023
36-Reported by Mr. S
37-ANDERS, without amendment
3833 A BILL
3934 To amend the National Labor Relations Act, the Labor
4035 Management Relations Act, 1947, and the Labor-Man-
4136 agement Reporting and Disclosure Act of 1959, and
4237 for other purposes.
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4638 Be it enacted by the Senate and House of Representa-1
4739 tives of the United States of America in Congress assembled, 2
48-SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3
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43+SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1
4944 (a) S
50-HORTTITLE.—This Act may be cited as the 4
51-‘‘Richard L. Trumka Protecting the Right to Organize Act 5
52-of 2023’’. 6
45+HORTTITLE.—This Act may be cited as the 2
46+‘‘Richard L. Trumka Protecting the Right to Organize Act 3
47+of 2023’’. 4
5348 (b) T
54-ABLE OFCONTENTS.—The table of contents for 7
55-this Act is as follows: 8
49+ABLE OFCONTENTS.—The table of contents for 5
50+this Act is as follows: 6
5651 Sec. 1. Short title; table of contents.
5752 TITLE I—AMENDMENTS TO THE NATIONAL LABOR RELATIONS
5853 ACT
5954 Sec. 101. Definitions.
6055 Sec. 102. Reports.
6156 Sec. 103. Appointment.
6257 Sec. 104. Unfair labor practices.
6358 Sec. 105. Representatives and elections.
6459 Sec. 106. Damages for unfair labor practices.
6560 Sec. 107. Enforcing compliance with orders of the Board.
6661 Sec. 108. Injunctions against unfair labor practices involving discharge or other
6762 serious economic harm.
6863 Sec. 109. Penalties.
6964 Sec. 110. Limitations on the right to strike.
7065 Sec. 111. Fair share agreements permitted.
7166 TITLE II—AMENDMENTS TO THE LABOR MANAGEMENT RELA-
7267 TIONS ACT, 1947 AND THE LABOR-MANAGEMENT REPORTING
7368 AND DISCLOSURE ACT OF 1959
7469 Sec. 201. Conforming amendments to the Labor Management Relations Act,
7570 1947.
7671 Sec. 202. Amendments to the Labor-Management Reporting and Disclosure Act
7772 of 1959.
7873 TITLE III—OTHER MATTERS
7974 Sec. 301. Severability.
8075 Sec. 302. Authorization of appropriations.
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84-TITLE I—AMENDMENTS TO THE 1
85-NATIONAL LABOR RELATIONS 2
86-ACT 3
87-SEC. 101. DEFINITIONS. 4
76+TITLE I—AMENDMENTS TO THE 7
77+NATIONAL LABOR RELATIONS 8
78+ACT 9
79+SEC. 101. DEFINITIONS. 10
8880 (a) J
89-OINTEMPLOYER.—Section 2(2) of the National 5
90-Labor Relations Act (29 U.S.C. 152(2)) is amended by 6
91-adding at the end the following: ‘‘Two or more persons 7
92-shall be employers with respect to an employee if each 8
93-such person codetermines or shares control over the em-9
94-ployee’s essential terms and conditions of employment. In 10
95-determining whether such control exists, the Board or a 11
96-court of competent jurisdiction shall consider as relevant 12
97-direct control and indirect control over such terms and 13
98-conditions, reserved authority to control such terms and 14
99-conditions, and control over such terms and conditions ex-15
100-ercised by a person in fact: Provided, That nothing herein 16
101-precludes a finding that indirect or reserved control stand-17
102-ing alone can be sufficient given specific facts and cir-18
103-cumstances.’’. 19
81+OINTEMPLOYER.—Section 2(2) of the National 11
82+Labor Relations Act (29 U.S.C. 152(2)) is amended by 12
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86+adding at the end the following: ‘‘Two or more persons 1
87+shall be employers with respect to an employee if each 2
88+such person codetermines or shares control over the em-3
89+ployee’s essential terms and conditions of employment. In 4
90+determining whether such control exists, the Board or a 5
91+court of competent jurisdiction shall consider as relevant 6
92+direct control and indirect control over such terms and 7
93+conditions, reserved authority to control such terms and 8
94+conditions, and control over such terms and conditions ex-9
95+ercised by a person in fact: Provided, That nothing herein 10
96+precludes a finding that indirect or reserved control stand-11
97+ing alone can be sufficient given specific facts and cir-12
98+cumstances.’’. 13
10499 (b) E
105-MPLOYEE.—Section 2(3) of the National Labor 20
106-Relations Act (29 U.S.C. 152(3)) is amended by adding 21
107-at the end the following: ‘‘An individual performing any 22
108-service shall be considered an employee (except as pro-23
109-vided in the previous sentence) and not an independent 24
110-contractor, unless— 25
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114-‘‘(A) the individual is free from control and 1
115-direction in connection with the performance of 2
116-the service, both under the contract for the per-3
117-formance of service and in fact; 4
118-‘‘(B) the service is performed outside the 5
119-usual course of the business of the employer; 6
120-and 7
121-‘‘(C) the individual is customarily engaged 8
122-in an independently established trade, occupa-9
123-tion, profession, or business of the same nature 10
124-as that involved in the service performed.’’. 11
100+MPLOYEE.—Section 2(3) of the National Labor 14
101+Relations Act (29 U.S.C. 152(3)) is amended by adding 15
102+at the end the following: ‘‘An individual performing any 16
103+service shall be considered an employee (except as pro-17
104+vided in the previous sentence) and not an independent 18
105+contractor, unless— 19
106+‘‘(A) the individual is free from control and 20
107+direction in connection with the performance of 21
108+the service, both under the contract for the per-22
109+formance of service and in fact; 23
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113+‘‘(B) the service is performed outside the 1
114+usual course of the business of the employer; 2
115+and 3
116+‘‘(C) the individual is customarily engaged 4
117+in an independently established trade, occupa-5
118+tion, profession, or business of the same nature 6
119+as that involved in the service performed.’’. 7
125120 (c) S
126-UPERVISOR.—Section 2(11) of the National 12
127-Labor Relations Act (29 U.S.C. 152(11)) is amended— 13
128-(1) by inserting ‘‘and for a majority of the indi-14
129-vidual’s worktime’’ after ‘‘interest of the employer’’; 15
130-(2) by striking ‘‘assign,’’; and 16
131-(3) by striking ‘‘or responsibly to direct them,’’. 17
132-SEC. 102. REPORTS. 18
133-Section 3(c) of the National Labor Relations Act (29 19
134-U.S.C. 153(c)) is amended— 20
135-(1) by striking ‘‘The Board’’ and inserting ‘‘(1) 21
136-The Board’’; and 22
137-(2) by adding at the end the following: 23
138-‘‘(2) Effective January 1, 2025, section 3003 of the 24
139-Federal Reports Elimination and Sunset Act of 1995 25
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143-(Public Law 104–66; 31 U.S.C. 1113 note) shall not apply 1
144-with respect to reports required under this subsection. 2
145-‘‘(3) Each report issued under this subsection shall— 3
146-‘‘(A) include no less detail than reports issued 4
147-by the Board prior to the termination of such re-5
148-ports under section 3003 of the Federal Reports 6
149-Elimination and Sunset Act of 1995 (Public Law 7
150-104–66; 31 U.S.C. 1113 note); 8
151-‘‘(B) list each case in which the Designated 9
152-Agency Ethics Official provided advice regarding 10
153-whether a Member should be recused from partici-11
154-pating in a case or rulemaking; and 12
155-‘‘(C) list each case in which the Designated 13
156-Agency Ethics Official determined that a Member 14
157-should be recused from participating in a case or 15
158-rulemaking.’’. 16
159-SEC. 103. APPOINTMENT. 17
160-Section 4(a) of the National Labor Relations Act (29 18
161-U.S.C. 154(a)) is amended by striking ‘‘, or for economic 19
162-analysis’’. 20
163-SEC. 104. UNFAIR LABOR PRACTICES. 21
164-Section 8 of the National Labor Relations Act (29 22
165-U.S.C. 158) is amended— 23
166-(1) in subsection (a)— 24
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170-(A) in paragraph (5), by striking the pe-1
171-riod and inserting ‘‘;’’; and 2
172-(B) by adding at the end the following: 3
173-‘‘(6) to promise, threaten, or take any action— 4
174-‘‘(A) to permanently replace an employee 5
175-who participates in a strike as defined by sec-6
176-tion 501(2) of the Labor Management Rela-7
177-tions Act, 1947 (29 U.S.C. 142(2)); 8
178-‘‘(B) to discriminate against an employee 9
179-who is working or has unconditionally offered to 10
180-return to work for the employer because the 11
181-employee supported or participated in such a 12
182-strike; or 13
183-‘‘(C) to lockout, suspend, or otherwise 14
184-withhold employment from employees in order 15
185-to influence the position of such employees or 16
186-the representative of such employees in collec-17
187-tive bargaining prior to a strike; and 18
188-‘‘(7) to communicate or misrepresent to an em-19
189-ployee under section 2(3) that such employee is ex-20
190-cluded from the definition of employee under section 21
191-2(3).’’; 22
192-(2) in subsection (b)— 23
193-(A) by striking paragraphs (4) and (7); 24
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197-(B) by redesignating paragraphs (5) and 1
198-(6) as paragraphs (4) and (5), respectively; 2
199-(C) in paragraph (4), as so redesignated, 3
200-by striking ‘‘affected;’’ and inserting ‘‘affected; 4
201-and’’; and 5
202-(D) in paragraph (5), as so redesignated, 6
203-by striking ‘‘; and’’ and inserting a period; 7
204-(3) in subsection (c), by striking the period at 8
205-the end and inserting the following: ‘‘: Provided, 9
206-That it shall be an unfair labor practice under sub-10
207-section (a)(1) for any employer to require or coerce 11
208-an employee to attend or participate in such employ-12
209-er’s campaign activities unrelated to the employee’s 13
210-job duties, including activities that are subject to the 14
211-requirements under section 203(b) of the Labor- 15
212-Management Reporting and Disclosure Act of 1959 16
213-(29 U.S.C. 433(b)).’’; 17
214-(4) in subsection (d)— 18
215-(A) by redesignating paragraphs (1) 19
216-through (4) as subparagraphs (A) through (D), 20
217-respectively; 21
218-(B) by striking ‘‘For the purposes of this 22
219-section’’ and inserting ‘‘(1) For purposes of this 23
220-section’’; 24
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224-(C) by inserting ‘‘and to maintain current 1
225-wages, hours, and terms and conditions of em-2
226-ployment pending an agreement’’ after ‘‘arising 3
227-thereunder’’; 4
228-(D) by inserting ‘‘: Provided, That an em-5
229-ployer’s duty to collectively bargain shall con-6
230-tinue absent decertification of the labor organi-7
231-zation following an election conducted pursuant 8
232-to section 9’’ after ‘‘making of a concession’’; 9
233-(E) by inserting ‘‘further’’ before ‘‘, That 10
234-where there is in effect’’; 11
235-(F) by striking ‘‘The duties imposed’’ and 12
236-inserting ‘‘(2) The duties imposed’’; 13
237-(G) by striking ‘‘by paragraphs (2), (3), 14
238-and (4)’’ and inserting ‘‘by subparagraphs (B), 15
239-(C), and (D) of paragraph (1)’’; 16
240-(H) by striking ‘‘section 8(d)(1)’’ and in-17
241-serting ‘‘paragraph (1)(A)’’; 18
242-(I) by striking ‘‘section 8(d)(3)’’ each place 19
243-it appears and inserting ‘‘paragraph (1)(C)’’; 20
244-(J) by striking ‘‘section 8(d)(4)’’ and in-21
245-serting ‘‘paragraph (1)(D)’’; and 22
246-(K) by adding at the end the following: 23
247-‘‘(3) Whenever collective bargaining is for the pur-24
248-pose of establishing an initial collective bargaining agree-25
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252-ment following certification or recognition of a labor orga-1
253-nization, the following shall apply: 2
254-‘‘(A) Not later than 10 days after receiving a 3
255-written request for collective bargaining from an in-4
256-dividual or labor organization that has been newly 5
257-recognized or certified as a representative as defined 6
258-in section 9(a), or within such further period as the 7
259-parties agree upon, the parties shall meet and com-8
260-mence to bargain collectively and shall make every 9
261-reasonable effort to conclude and sign a collective 10
262-bargaining agreement. 11
263-‘‘(B) If after the expiration of the 90-day pe-12
264-riod beginning on the date on which bargaining is 13
265-commenced, or such additional period as the parties 14
266-may agree upon, the parties have failed to reach an 15
267-agreement, either party may notify the Federal Me-16
268-diation and Conciliation Service of the existence of 17
269-a dispute and request mediation. Whenever such a 18
270-request is received, it shall be the duty of the Service 19
271-promptly to put itself in communication with the 20
272-parties and to use its best efforts, by mediation and 21
273-conciliation, to bring them to agreement. 22
274-‘‘(C) If after the expiration of the 30-day period 23
275-beginning on the date on which the request for me-24
276-diation is made under subparagraph (B), or such ad-25
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280-ditional period as the parties may agree upon, the 1
281-Service is not able to bring the parties to agreement 2
282-by conciliation, the Service shall refer the dispute to 3
283-a tripartite arbitration panel established in accord-4
284-ance with such regulations as may be prescribed by 5
285-the Service, with one member selected by the labor 6
286-organization, one member selected by the employer, 7
287-and one neutral member mutually agreed to by the 8
288-parties. The labor organization and employer must 9
289-each select the members of the tripartite arbitration 10
290-panel within 14 days of the Service’s referral; if the 11
291-labor organization or employer fail to do so, the 12
292-Service shall designate any members not selected by 13
293-the labor organization or the employer. A majority 14
294-of the tripartite arbitration panel shall render a deci-15
295-sion settling the dispute and such decision shall be 16
296-binding upon the parties for a period of 2 years, un-17
297-less amended during such period by written consent 18
298-of the parties. Such decision shall be based on— 19
299-‘‘(i) the employer’s financial status and 20
300-prospects; 21
301-‘‘(ii) the size and type of the employer’s 22
302-operations and business; 23
303-‘‘(iii) the employees’ cost of living; 24
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307-‘‘(iv) the employees’ ability to sustain 1
308-themselves, their families, and their dependents 2
309-on the wages and benefits they earn from the 3
310-employer; and 4
311-‘‘(v) the wages and benefits other employ-5
312-ers in the same business provide their employ-6
313-ees.’’; 7
314-(5) by amending subsection (e) to read as fol-8
315-lows: 9
316-‘‘(e) Notwithstanding chapter 1 of title 9, United 10
317-States Code (commonly known as the ‘Federal Arbitration 11
318-Act’), or any other provision of law, it shall be an unfair 12
319-labor practice under subsection (a)(1) for any employer— 13
320-‘‘(1) to enter into or attempt to enforce any 14
321-agreement, express or implied, whereby prior to a 15
322-dispute to which the agreement applies, an employee 16
323-undertakes or promises not to pursue, bring, join, 17
324-litigate, or support any kind of joint, class, or collec-18
325-tive claim arising from or relating to the employ-19
326-ment of such employee in any forum that, but for 20
327-such agreement, is of competent jurisdiction; 21
328-‘‘(2) to coerce an employee into undertaking or 22
329-promising not to pursue, bring, join, litigate, or sup-23
330-port any kind of joint, class, or collective claim aris-24
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334-ing from or relating to the employment of such em-1
335-ployee; or 2
336-‘‘(3) to retaliate or threaten to retaliate against 3
337-an employee for refusing to undertake or promise 4
338-not to pursue, bring, join, litigate, or support any 5
339-kind of joint, class, or collective claim arising from 6
340-or relating to the employment of such employee: 7
341-Provided, That any agreement that violates this subsection 8
342-or results from a violation of this subsection shall be to 9
343-such extent unenforceable and void: Provided further, That 10
344-this subsection shall not apply to any agreement embodied 11
345-in or expressly permitted by a contract between an em-12
346-ployer and a labor organization.’’; 13
347-(6) in subsection (g), by striking ‘‘clause (B) of 14
348-the last sentence of section 8(d) of this Act’’ and in-15
349-serting ‘‘subsection (d)(2)(B)’’; and 16
350-(7) by adding at the end the following: 17
351-‘‘(h)(1) The Board shall promulgate regulations re-18
352-quiring each employer to post and maintain, in con-19
353-spicuous places where notices to employees and applicants 20
354-for employment are customarily posted both physically and 21
355-electronically, a notice setting forth the rights and protec-22
356-tions afforded employees under this Act. The Board shall 23
357-make available to the public the form and text of such 24
358-notice. The Board shall promulgate regulations requiring 25
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362-employers to notify each new employee of the information 1
363-contained in the notice described in the preceding two sen-2
364-tences. 3
365-‘‘(2) Whenever the Board directs an election under 4
366-section 9(c) or approves an election agreement, the em-5
367-ployer of employees in the bargaining unit shall, not later 6
368-than 2 business days after the Board directs such election 7
369-or approves such election agreement, provide a voter list 8
370-to a labor organization that has petitioned to represent 9
371-such employees. Such voter list shall include the names 10
372-of all employees in the bargaining unit and such employ-11
373-ees’ home addresses, work locations, shifts, job classifica-12
374-tions, and, if available to the employer, personal landline 13
375-and mobile telephone numbers, and work and personal 14
376-email addresses; such voter list shall be provided in a 15
377-searchable electronic format generally approved by the 16
378-Board unless the employer certifies that the employer does 17
379-not possess the capacity to produce the list in the required 18
380-form. Not later than 9 months after the date of enactment 19
381-of the Richard L. Trumka Protecting the Right to Orga-20
382-nize Act of 2023, the Board shall promulgate regulations 21
383-implementing the requirements of this paragraph. 22
384-‘‘(i) The rights of an employee under section 7 in-23
385-clude the right to use electronic communication devices 24
386-and systems (including computers, laptops, tablets, inter-25
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390-net access, email, cellular telephones, or other company 1
391-equipment) of the employer of such employee to engage 2
392-in activities protected under section 7 if such employer has 3
393-given such employee access to such devices and systems 4
394-in the course of the work of such employee, absent a com-5
395-pelling business rationale for denying or limiting such 6
396-use.’’. 7
397-SEC. 105. REPRESENTATIVES AND ELECTIONS. 8
398-Section 9 of the National Labor Relations Act (29 9
399-U.S.C. 159) is amended— 10
400-(1) in subsection (c)— 11
401-(A) by amending paragraph (1) to read as 12
402-follows: 13
403-‘‘(1) Whenever a petition shall have been filed, in ac-14
404-cordance with such regulations as may be prescribed by 15
405-the Board, by an employee or group of employees or any 16
406-individual or labor organization acting in their behalf al-17
407-leging that a substantial number of employees (i) wish to 18
408-be represented for collective bargaining and that their em-19
409-ployer declines to recognize their representative as the rep-20
410-resentative defined in section 9(a), or (ii) assert that the 21
411-individual or labor organization, which has been certified 22
412-or is being recognized by their employer as the bargaining 23
413-representative, is no longer a representative as defined in 24
414-section 9(a), the Board shall investigate such petition and 25
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418-if it has reasonable cause to believe that a question of rep-1
419-resentation affecting commerce exists shall provide for an 2
420-appropriate hearing upon due notice. Such hearing may 3
421-be conducted by an officer or employee of the regional of-4
422-fice, who shall not make any recommendations with re-5
423-spect thereto. If the Board finds upon the record of such 6
424-hearing that such a question of representation exists, it 7
425-shall direct an election by secret ballot and shall certify 8
426-the results thereof. The Board shall find the labor organi-9
427-zation’s proposed unit to be appropriate if the employees 10
428-in the proposed unit share a community of interest, and 11
429-if the employees outside the unit do not share an over-12
430-whelming community of interest with employees inside. At 13
431-the request of the labor organization, the Board shall di-14
432-rect that the election be conducted through certified mail, 15
433-electronically, at the work location, or at a location other 16
434-than one owned or controlled by the employer. No em-17
435-ployer shall have standing as a party or to intervene in 18
436-any representation proceeding under this section.’’; 19
437-(B) in paragraph (3), by striking ‘‘an eco-20
438-nomic strike who are not entitled to reinstate-21
439-ment’’ and inserting ‘‘a strike’’; 22
440-(C) by redesignating paragraphs (4) and 23
441-(5) as paragraphs (6) and (7), respectively; 24
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445-(D) by inserting after paragraph (3) the 1
446-following: 2
447-‘‘(4) If the Board finds that, in an election under 3
448-paragraph (1), a majority of the valid votes cast in a unit 4
449-appropriate for purposes of collective bargaining have been 5
450-cast in favor of representation by the labor organization, 6
451-the Board shall certify the labor organization as the rep-7
452-resentative of the employees in such unit and shall issue 8
453-an order requiring the employer of such employees to col-9
454-lectively bargain with the labor organization in accordance 10
455-with section 8(d). This order shall be deemed an order 11
456-under section 10(c) of this Act, without need for a deter-12
457-mination of an unfair labor practice. 13
458-‘‘(5)(A) If the Board finds that, in an election under 14
459-paragraph (1), a majority of the valid votes cast in a unit 15
460-appropriate for purposes of collective bargaining have not 16
461-been cast in favor of representation by the labor organiza-17
462-tion, the Board shall certify the results of the election, 18
463-subject to subparagraphs (B) and (C). 19
464-‘‘(B) In any case in which a majority of the valid 20
465-votes cast in a unit appropriate for purposes of collective 21
466-bargaining have not been cast in favor of representation 22
467-by the labor organization and the Board determines, fol-23
468-lowing a post-election hearing, that the employer has com-24
469-mitted a violation of this Act or otherwise interfered with 25
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472-•S 567 RS
473-a fair election, and the employer has not demonstrated 1
474-that the violation or other interference is unlikely to have 2
475-affected the outcome of the election, the Board shall, with-3
476-out ordering a new election, set aside the election and cer-4
477-tify the labor organization as the representative of the em-5
478-ployees in such unit and issue an order requiring the em-6
479-ployer to bargain with the labor organization in accord-7
480-ance with section 8(d) if, at any time during the period 8
481-beginning 1 year preceding the date of the commencement 9
482-of the election and ending on the date upon which the 10
483-Board makes the determination of a violation or other in-11
484-terference, a majority of the employees in the bargaining 12
485-unit have signed authorizations designating the labor or-13
486-ganization as their collective bargaining representative. 14
487-‘‘(C) In any case where the Board determines that 15
488-an election under this paragraph should be set aside, the 16
489-Board shall direct a new election with appropriate addi-17
490-tional safeguards necessary to ensure a fair election proc-18
491-ess, except in cases where the Board issues a bargaining 19
492-order under subparagraph (B).’’; and 20
493-(E) by inserting after paragraph (7), as so 21
494-redesignated, the following: 22
495-‘‘(8) Except under extraordinary circumstances— 23
496-‘‘(A) a pre-election hearing under this sub-24
497-section shall begin not later than 8 days after a no-25
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500-•S 567 RS
501-tice of such hearing is served on the labor organiza-1
502-tion and shall continue from day to day until com-2
503-pleted; 3
504-‘‘(B) a regional director shall transmit the no-4
505-tice of election at the same time as the direction of 5
506-election, and shall transmit such notice and such di-6
507-rection electronically (including transmission by 7
508-email or facsimile) or by overnight mail if electronic 8
509-transmission is unavailable; 9
510-‘‘(C) not later than 2 days after the service of 10
511-the notice of hearing, the employer shall— 11
512-‘‘(i) post the Notice of Petition for Elec-12
513-tion in conspicuous places, including all places 13
514-where notices to employees are customarily 14
515-posted; 15
516-‘‘(ii) if the employer customarily commu-16
517-nicates with employees electronically, distribute 17
518-such Notice electronically; and 18
519-‘‘(iii) maintain such posting until the peti-19
520-tion is dismissed or withdrawn or the Notice of 20
521-Petition for Election is replaced by the Notice 21
522-of Election; 22
523-‘‘(D) regional directors shall schedule elections 23
524-for the earliest date practicable, but not later than 24
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527-•S 567 RS
528-the 20th business day after the direction of election; 1
529-and 2
530-‘‘(E) a post-election hearing under this sub-3
531-section shall begin not later than 14 days after the 4
532-filing of objections, if any.’’; 5
533-(2) in subsection (d), by striking ‘‘(e) or’’ and 6
534-inserting ‘‘(d) or’’; and 7
535-(3) by adding at the end the following: 8
536-‘‘(f) The Board shall dismiss any petition for an elec-9
537-tion with respect to a bargaining unit or any subdivision 10
538-if, during the 12-month period ending on the date on 11
539-which the petition is filed— 12
540-‘‘(1) the employer has recognized a labor orga-13
541-nization without an election and in accordance with 14
542-this Act; 15
543-‘‘(2) the labor organization and employer en-16
544-gaged in their first bargaining session following the 17
545-issuance of a bargaining order by the Board; or 18
546-‘‘(3) the labor organization and successor em-19
547-ployer engaged in their first bargaining session fol-20
548-lowing a succession. 21
549-‘‘(g) The Board shall dismiss any petition for an elec-22
550-tion with respect to a bargaining unit or any subdivision 23
551-if there is in effect a lawful written collective bargaining 24
552-agreement between the employer and an exclusive rep-25
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556-resentative covering any employees in the unit specified 1
557-in the petition, unless the petition is filed— 2
558-‘‘(1) on or after the date that is 3 years after 3
559-the date on which the collective bargaining agree-4
560-ment took effect; or 5
561-‘‘(2) during the 30-day period beginning on the 6
562-date that is 90 days before the date that is 3 years 7
563-after the date on which the collective bargaining 8
564-agreement took effect. 9
565-‘‘(h) The Board shall suspend the processing of any 10
566-petition for an election with respect to a bargaining unit 11
567-or any subdivision if a labor organization files an unfair 12
568-labor practice charge alleging a violation of section 8(a) 13
569-and requesting the suspension of a pending petition until 14
570-the unlawful conduct, if any, is remedied or the charge 15
571-is dismissed unless the Board determines that employees 16
572-can, under the circumstances, exercise free choice in an 17
573-election despite the unlawful conduct alleged in the 18
574-charge.’’. 19
575-SEC. 106. DAMAGES FOR UNFAIR LABOR PRACTICES. 20
576-Section 10(c) of the National Labor Relations Act 21
577-(29 U.S.C. 160(c)) is amended by striking ‘‘suffered by 22
578-him’’ and inserting ‘‘suffered by such employee: Provided 23
579-further, That if the Board finds that an employer has dis-24
580-criminated against an employee in violation of paragraph 25
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583-•S 567 RS
584-(3) or (4) of section 8(a) or has committed a violation 1
585-of section 8(a) that results in the discharge of an employee 2
586-or other serious economic harm to an employee, the Board 3
587-shall award the employee back pay without any reduction 4
588-(including any reduction based on the employee’s interim 5
589-earnings or failure to earn interim earnings), front pay 6
590-(when appropriate), consequential damages, and an addi-7
591-tional amount as liquidated damages equal to two times 8
592-the amount of damages awarded: Provided further, no re-9
593-lief under this subsection shall be denied on the basis that 10
594-the employee is, or was during the time of relevant em-11
595-ployment or during the back pay period, an unauthorized 12
596-alien as defined in section 274A(h)(3) of the Immigration 13
597-and Nationality Act (8 U.S.C. 1324a(h)(3)) or any other 14
598-provision of Federal law relating to the unlawful employ-15
599-ment of aliens’’. 16
600-SEC. 107. ENFORCING COMPLIANCE WITH ORDERS OF THE 17
601-BOARD. 18
121+UPERVISOR.—Section 2(11) of the National 8
122+Labor Relations Act (29 U.S.C. 152(11)) is amended— 9
123+(1) by inserting ‘‘and for a majority of the indi-10
124+vidual’s worktime’’ after ‘‘interest of the employer’’; 11
125+(2) by striking ‘‘assign,’’; and 12
126+(3) by striking ‘‘or responsibly to direct them,’’. 13
127+SEC. 102. REPORTS. 14
128+Section 3(c) of the National Labor Relations Act (29 15
129+U.S.C. 153(c)) is amended— 16
130+(1) by striking ‘‘The Board’’ and inserting ‘‘(1) 17
131+The Board’’; and 18
132+(2) by adding at the end the following: 19
133+‘‘(2) Effective January 1, 2025, section 3003 of the 20
134+Federal Reports Elimination and Sunset Act of 1995 21
135+(Public Law 104–66; 31 U.S.C. 1113 note) shall not apply 22
136+with respect to reports required under this subsection. 23
137+‘‘(3) Each report issued under this subsection shall— 24
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141+‘‘(A) include no less detail than reports issued 1
142+by the Board prior to the termination of such re-2
143+ports under section 3003 of the Federal Reports 3
144+Elimination and Sunset Act of 1995 (Public Law 4
145+104–66; 31 U.S.C. 1113 note); 5
146+‘‘(B) list each case in which the Designated 6
147+Agency Ethics Official provided advice regarding 7
148+whether a Member should be recused from partici-8
149+pating in a case or rulemaking; and 9
150+‘‘(C) list each case in which the Designated 10
151+Agency Ethics Official determined that a Member 11
152+should be recused from participating in a case or 12
153+rulemaking.’’. 13
154+SEC. 103. APPOINTMENT. 14
155+Section 4(a) of the National Labor Relations Act (29 15
156+U.S.C. 154(a)) is amended by striking ‘‘, or for economic 16
157+analysis’’. 17
158+SEC. 104. UNFAIR LABOR PRACTICES. 18
159+Section 8 of the National Labor Relations Act (29 19
160+U.S.C. 158) is amended— 20
161+(1) in subsection (a)— 21
162+(A) in paragraph (5), by striking the pe-22
163+riod and inserting ‘‘;’’; and 23
164+(B) by adding at the end the following: 24
165+‘‘(6) to promise, threaten, or take any action— 25
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169+‘‘(A) to permanently replace an employee 1
170+who participates in a strike as defined by sec-2
171+tion 501(2) of the Labor Management Rela-3
172+tions Act, 1947 (29 U.S.C. 142(2)); 4
173+‘‘(B) to discriminate against an employee 5
174+who is working or has unconditionally offered to 6
175+return to work for the employer because the 7
176+employee supported or participated in such a 8
177+strike; or 9
178+‘‘(C) to lockout, suspend, or otherwise 10
179+withhold employment from employees in order 11
180+to influence the position of such employees or 12
181+the representative of such employees in collec-13
182+tive bargaining prior to a strike; and 14
183+‘‘(7) to communicate or misrepresent to an em-15
184+ployee under section 2(3) that such employee is ex-16
185+cluded from the definition of employee under section 17
186+2(3).’’; 18
187+(2) in subsection (b)— 19
188+(A) by striking paragraphs (4) and (7); 20
189+(B) by redesignating paragraphs (5) and 21
190+(6) as paragraphs (4) and (5), respectively; 22
191+(C) in paragraph (4), as so redesignated, 23
192+by striking ‘‘affected;’’ and inserting ‘‘affected; 24
193+and’’; and 25
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197+(D) in paragraph (5), as so redesignated, 1
198+by striking ‘‘; and’’ and inserting a period; 2
199+(3) in subsection (c), by striking the period at 3
200+the end and inserting the following: ‘‘: Provided, 4
201+That it shall be an unfair labor practice under sub-5
202+section (a)(1) for any employer to require or coerce 6
203+an employee to attend or participate in such employ-7
204+er’s campaign activities unrelated to the employee’s 8
205+job duties, including activities that are subject to the 9
206+requirements under section 203(b) of the Labor- 10
207+Management Reporting and Disclosure Act of 1959 11
208+(29 U.S.C. 433(b)).’’; 12
209+(4) in subsection (d)— 13
210+(A) by redesignating paragraphs (1) 14
211+through (4) as subparagraphs (A) through (D), 15
212+respectively; 16
213+(B) by striking ‘‘For the purposes of this 17
214+section’’ and inserting ‘‘(1) For purposes of this 18
215+section’’; 19
216+(C) by inserting ‘‘and to maintain current 20
217+wages, hours, and terms and conditions of em-21
218+ployment pending an agreement’’ after ‘‘arising 22
219+thereunder’’; 23
220+(D) by inserting ‘‘: Provided, That an em-24
221+ployer’s duty to collectively bargain shall con-25
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225+tinue absent decertification of the labor organi-1
226+zation following an election conducted pursuant 2
227+to section 9’’ after ‘‘making of a concession’’; 3
228+(E) by inserting ‘‘further’’ before ‘‘, That 4
229+where there is in effect’’; 5
230+(F) by striking ‘‘The duties imposed’’ and 6
231+inserting ‘‘(2) The duties imposed’’; 7
232+(G) by striking ‘‘by paragraphs (2), (3), 8
233+and (4)’’ and inserting ‘‘by subparagraphs (B), 9
234+(C), and (D) of paragraph (1)’’; 10
235+(H) by striking ‘‘section 8(d)(1)’’ and in-11
236+serting ‘‘paragraph (1)(A)’’; 12
237+(I) by striking ‘‘section 8(d)(3)’’ each place 13
238+it appears and inserting ‘‘paragraph (1)(C)’’; 14
239+(J) by striking ‘‘section 8(d)(4)’’ and in-15
240+serting ‘‘paragraph (1)(D)’’; and 16
241+(K) by adding at the end the following: 17
242+‘‘(3) Whenever collective bargaining is for the pur-18
243+pose of establishing an initial collective bargaining agree-19
244+ment following certification or recognition of a labor orga-20
245+nization, the following shall apply: 21
246+‘‘(A) Not later than 10 days after receiving a 22
247+written request for collective bargaining from an in-23
248+dividual or labor organization that has been newly 24
249+recognized or certified as a representative as defined 25
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253+in section 9(a), or within such further period as the 1
254+parties agree upon, the parties shall meet and com-2
255+mence to bargain collectively and shall make every 3
256+reasonable effort to conclude and sign a collective 4
257+bargaining agreement. 5
258+‘‘(B) If after the expiration of the 90-day pe-6
259+riod beginning on the date on which bargaining is 7
260+commenced, or such additional period as the parties 8
261+may agree upon, the parties have failed to reach an 9
262+agreement, either party may notify the Federal Me-10
263+diation and Conciliation Service of the existence of 11
264+a dispute and request mediation. Whenever such a 12
265+request is received, it shall be the duty of the Service 13
266+promptly to put itself in communication with the 14
267+parties and to use its best efforts, by mediation and 15
268+conciliation, to bring them to agreement. 16
269+‘‘(C) If after the expiration of the 30-day period 17
270+beginning on the date on which the request for me-18
271+diation is made under subparagraph (B), or such ad-19
272+ditional period as the parties may agree upon, the 20
273+Service is not able to bring the parties to agreement 21
274+by conciliation, the Service shall refer the dispute to 22
275+a tripartite arbitration panel established in accord-23
276+ance with such regulations as may be prescribed by 24
277+the Service, with one member selected by the labor 25
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281+organization, one member selected by the employer, 1
282+and one neutral member mutually agreed to by the 2
283+parties. The labor organization and employer must 3
284+each select the members of the tripartite arbitration 4
285+panel within 14 days of the Service’s referral; if the 5
286+labor organization or employer fail to do so, the 6
287+Service shall designate any members not selected by 7
288+the labor organization or the employer. A majority 8
289+of the tripartite arbitration panel shall render a deci-9
290+sion settling the dispute and such decision shall be 10
291+binding upon the parties for a period of 2 years, un-11
292+less amended during such period by written consent 12
293+of the parties. Such decision shall be based on— 13
294+‘‘(i) the employer’s financial status and 14
295+prospects; 15
296+‘‘(ii) the size and type of the employer’s 16
297+operations and business; 17
298+‘‘(iii) the employees’ cost of living; 18
299+‘‘(iv) the employees’ ability to sustain 19
300+themselves, their families, and their dependents 20
301+on the wages and benefits they earn from the 21
302+employer; and 22
303+‘‘(v) the wages and benefits other employ-23
304+ers in the same business provide their employ-24
305+ees.’’; 25
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309+(5) by amending subsection (e) to read as fol-1
310+lows: 2
311+‘‘(e) Notwithstanding chapter 1 of title 9, United 3
312+States Code (commonly known as the ‘Federal Arbitration 4
313+Act’), or any other provision of law, it shall be an unfair 5
314+labor practice under subsection (a)(1) for any employer— 6
315+‘‘(1) to enter into or attempt to enforce any 7
316+agreement, express or implied, whereby prior to a 8
317+dispute to which the agreement applies, an employee 9
318+undertakes or promises not to pursue, bring, join, 10
319+litigate, or support any kind of joint, class, or collec-11
320+tive claim arising from or relating to the employ-12
321+ment of such employee in any forum that, but for 13
322+such agreement, is of competent jurisdiction; 14
323+‘‘(2) to coerce an employee into undertaking or 15
324+promising not to pursue, bring, join, litigate, or sup-16
325+port any kind of joint, class, or collective claim aris-17
326+ing from or relating to the employment of such em-18
327+ployee; or 19
328+‘‘(3) to retaliate or threaten to retaliate against 20
329+an employee for refusing to undertake or promise 21
330+not to pursue, bring, join, litigate, or support any 22
331+kind of joint, class, or collective claim arising from 23
332+or relating to the employment of such employee: 24
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336+Provided, That any agreement that violates this subsection 1
337+or results from a violation of this subsection shall be to 2
338+such extent unenforceable and void: Provided further, That 3
339+this subsection shall not apply to any agreement embodied 4
340+in or expressly permitted by a contract between an em-5
341+ployer and a labor organization.’’; 6
342+(6) in subsection (g), by striking ‘‘clause (B) of 7
343+the last sentence of section 8(d) of this Act’’ and in-8
344+serting ‘‘subsection (d)(2)(B)’’; and 9
345+(7) by adding at the end the following: 10
346+‘‘(h)(1) The Board shall promulgate regulations re-11
347+quiring each employer to post and maintain, in con-12
348+spicuous places where notices to employees and applicants 13
349+for employment are customarily posted both physically and 14
350+electronically, a notice setting forth the rights and protec-15
351+tions afforded employees under this Act. The Board shall 16
352+make available to the public the form and text of such 17
353+notice. The Board shall promulgate regulations requiring 18
354+employers to notify each new employee of the information 19
355+contained in the notice described in the preceding two sen-20
356+tences. 21
357+‘‘(2) Whenever the Board directs an election under 22
358+section 9(c) or approves an election agreement, the em-23
359+ployer of employees in the bargaining unit shall, not later 24
360+than 2 business days after the Board directs such election 25
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364+or approves such election agreement, provide a voter list 1
365+to a labor organization that has petitioned to represent 2
366+such employees. Such voter list shall include the names 3
367+of all employees in the bargaining unit and such employ-4
368+ees’ home addresses, work locations, shifts, job classifica-5
369+tions, and, if available to the employer, personal landline 6
370+and mobile telephone numbers, and work and personal 7
371+email addresses; such voter list shall be provided in a 8
372+searchable electronic format generally approved by the 9
373+Board unless the employer certifies that the employer does 10
374+not possess the capacity to produce the list in the required 11
375+form. Not later than 9 months after the date of enactment 12
376+of the Richard L. Trumka Protecting the Right to Orga-13
377+nize Act of 2023, the Board shall promulgate regulations 14
378+implementing the requirements of this paragraph. 15
379+‘‘(i) The rights of an employee under section 7 in-16
380+clude the right to use electronic communication devices 17
381+and systems (including computers, laptops, tablets, inter-18
382+net access, email, cellular telephones, or other company 19
383+equipment) of the employer of such employee to engage 20
384+in activities protected under section 7 if such employer has 21
385+given such employee access to such devices and systems 22
386+in the course of the work of such employee, absent a com-23
387+pelling business rationale for denying or limiting such 24
388+use.’’. 25
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392+SEC. 105. REPRESENTATIVES AND ELECTIONS. 1
393+Section 9 of the National Labor Relations Act (29 2
394+U.S.C. 159) is amended— 3
395+(1) in subsection (c)— 4
396+(A) by amending paragraph (1) to read as 5
397+follows: 6
398+‘‘(1) Whenever a petition shall have been filed, in ac-7
399+cordance with such regulations as may be prescribed by 8
400+the Board, by an employee or group of employees or any 9
401+individual or labor organization acting in their behalf al-10
402+leging that a substantial number of employees (i) wish to 11
403+be represented for collective bargaining and that their em-12
404+ployer declines to recognize their representative as the rep-13
405+resentative defined in section 9(a), or (ii) assert that the 14
406+individual or labor organization, which has been certified 15
407+or is being recognized by their employer as the bargaining 16
408+representative, is no longer a representative as defined in 17
409+section 9(a), the Board shall investigate such petition and 18
410+if it has reasonable cause to believe that a question of rep-19
411+resentation affecting commerce exists shall provide for an 20
412+appropriate hearing upon due notice. Such hearing may 21
413+be conducted by an officer or employee of the regional of-22
414+fice, who shall not make any recommendations with re-23
415+spect thereto. If the Board finds upon the record of such 24
416+hearing that such a question of representation exists, it 25
417+shall direct an election by secret ballot and shall certify 26
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421+the results thereof. The Board shall find the labor organi-1
422+zation’s proposed unit to be appropriate if the employees 2
423+in the proposed unit share a community of interest, and 3
424+if the employees outside the unit do not share an over-4
425+whelming community of interest with employees inside. At 5
426+the request of the labor organization, the Board shall di-6
427+rect that the election be conducted through certified mail, 7
428+electronically, at the work location, or at a location other 8
429+than one owned or controlled by the employer. No em-9
430+ployer shall have standing as a party or to intervene in 10
431+any representation proceeding under this section.’’; 11
432+(B) in paragraph (3), by striking ‘‘an eco-12
433+nomic strike who are not entitled to reinstate-13
434+ment’’ and inserting ‘‘a strike’’; 14
435+(C) by redesignating paragraphs (4) and 15
436+(5) as paragraphs (6) and (7), respectively; 16
437+(D) by inserting after paragraph (3) the 17
438+following: 18
439+‘‘(4) If the Board finds that, in an election under 19
440+paragraph (1), a majority of the valid votes cast in a unit 20
441+appropriate for purposes of collective bargaining have been 21
442+cast in favor of representation by the labor organization, 22
443+the Board shall certify the labor organization as the rep-23
444+resentative of the employees in such unit and shall issue 24
445+an order requiring the employer of such employees to col-25
446+VerDate Sep 11 2014 05:16 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567
447+kjohnson on DSK79L0C42PROD with BILLS 16
448+•S 567 IS
449+lectively bargain with the labor organization in accordance 1
450+with section 8(d). This order shall be deemed an order 2
451+under section 10(c) of this Act, without need for a deter-3
452+mination of an unfair labor practice. 4
453+‘‘(5)(A) If the Board finds that, in an election under 5
454+paragraph (1), a majority of the valid votes cast in a unit 6
455+appropriate for purposes of collective bargaining have not 7
456+been cast in favor of representation by the labor organiza-8
457+tion, the Board shall certify the results of the election, 9
458+subject to subparagraphs (B) and (C). 10
459+‘‘(B) In any case in which a majority of the valid 11
460+votes cast in a unit appropriate for purposes of collective 12
461+bargaining have not been cast in favor of representation 13
462+by the labor organization and the Board determines, fol-14
463+lowing a post-election hearing, that the employer has com-15
464+mitted a violation of this Act or otherwise interfered with 16
465+a fair election, and the employer has not demonstrated 17
466+that the violation or other interference is unlikely to have 18
467+affected the outcome of the election, the Board shall, with-19
468+out ordering a new election, set aside the election and cer-20
469+tify the labor organization as the representative of the em-21
470+ployees in such unit and issue an order requiring the em-22
471+ployer to bargain with the labor organization in accord-23
472+ance with section 8(d) if, at any time during the period 24
473+beginning 1 year preceding the date of the commencement 25
474+VerDate Sep 11 2014 05:16 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567
475+kjohnson on DSK79L0C42PROD with BILLS 17
476+•S 567 IS
477+of the election and ending on the date upon which the 1
478+Board makes the determination of a violation or other in-2
479+terference, a majority of the employees in the bargaining 3
480+unit have signed authorizations designating the labor or-4
481+ganization as their collective bargaining representative. 5
482+‘‘(C) In any case where the Board determines that 6
483+an election under this paragraph should be set aside, the 7
484+Board shall direct a new election with appropriate addi-8
485+tional safeguards necessary to ensure a fair election proc-9
486+ess, except in cases where the Board issues a bargaining 10
487+order under subparagraph (B).’’; and 11
488+(E) by inserting after paragraph (7), as so 12
489+redesignated, the following: 13
490+‘‘(8) Except under extraordinary circumstances— 14
491+‘‘(A) a pre-election hearing under this sub-15
492+section shall begin not later than 8 days after a no-16
493+tice of such hearing is served on the labor organiza-17
494+tion and shall continue from day to day until com-18
495+pleted; 19
496+‘‘(B) a regional director shall transmit the no-20
497+tice of election at the same time as the direction of 21
498+election, and shall transmit such notice and such di-22
499+rection electronically (including transmission by 23
500+email or facsimile) or by overnight mail if electronic 24
501+transmission is unavailable; 25
502+VerDate Sep 11 2014 05:16 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567
503+kjohnson on DSK79L0C42PROD with BILLS 18
504+•S 567 IS
505+‘‘(C) not later than 2 days after the service of 1
506+the notice of hearing, the employer shall— 2
507+‘‘(i) post the Notice of Petition for Elec-3
508+tion in conspicuous places, including all places 4
509+where notices to employees are customarily 5
510+posted; 6
511+‘‘(ii) if the employer customarily commu-7
512+nicates with employees electronically, distribute 8
513+such Notice electronically; and 9
514+‘‘(iii) maintain such posting until the peti-10
515+tion is dismissed or withdrawn or the Notice of 11
516+Petition for Election is replaced by the Notice 12
517+of Election; 13
518+‘‘(D) regional directors shall schedule elections 14
519+for the earliest date practicable, but not later than 15
520+the 20th business day after the direction of election; 16
521+and 17
522+‘‘(E) a post-election hearing under this sub-18
523+section shall begin not later than 14 days after the 19
524+filing of objections, if any.’’; 20
525+(2) in subsection (d), by striking ‘‘(e) or’’ and 21
526+inserting ‘‘(d) or’’; and 22
527+(3) by adding at the end the following: 23
528+‘‘(f) The Board shall dismiss any petition for an elec-24
529+tion with respect to a bargaining unit or any subdivision 25
530+VerDate Sep 11 2014 05:16 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567
531+kjohnson on DSK79L0C42PROD with BILLS 19
532+•S 567 IS
533+if, during the 12-month period ending on the date on 1
534+which the petition is filed— 2
535+‘‘(1) the employer has recognized a labor orga-3
536+nization without an election and in accordance with 4
537+this Act; 5
538+‘‘(2) the labor organization and employer en-6
539+gaged in their first bargaining session following the 7
540+issuance of a bargaining order by the Board; or 8
541+‘‘(3) the labor organization and successor em-9
542+ployer engaged in their first bargaining session fol-10
543+lowing a succession. 11
544+‘‘(g) The Board shall dismiss any petition for an elec-12
545+tion with respect to a bargaining unit or any subdivision 13
546+if there is in effect a lawful written collective bargaining 14
547+agreement between the employer and an exclusive rep-15
548+resentative covering any employees in the unit specified 16
549+in the petition, unless the petition is filed— 17
550+‘‘(1) on or after the date that is 3 years after 18
551+the date on which the collective bargaining agree-19
552+ment took effect; or 20
553+‘‘(2) during the 30-day period beginning on the 21
554+date that is 90 days before the date that is 3 years 22
555+after the date on which the collective bargaining 23
556+agreement took effect. 24
557+VerDate Sep 11 2014 05:16 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567
558+kjohnson on DSK79L0C42PROD with BILLS 20
559+•S 567 IS
560+‘‘(h) The Board shall suspend the processing of any 1
561+petition for an election with respect to a bargaining unit 2
562+or any subdivision if a labor organization files an unfair 3
563+labor practice charge alleging a violation of section 8(a) 4
564+and requesting the suspension of a pending petition until 5
565+the unlawful conduct, if any, is remedied or the charge 6
566+is dismissed unless the Board determines that employees 7
567+can, under the circumstances, exercise free choice in an 8
568+election despite the unlawful conduct alleged in the 9
569+charge.’’. 10
570+SEC. 106. DAMAGES FOR UNFAIR LABOR PRACTICES. 11
571+Section 10(c) of the National Labor Relations Act 12
572+(29 U.S.C. 160(c)) is amended by striking ‘‘suffered by 13
573+him’’ and inserting ‘‘suffered by such employee: Provided 14
574+further, That if the Board finds that an employer has dis-15
575+criminated against an employee in violation of paragraph 16
576+(3) or (4) of section 8(a) or has committed a violation 17
577+of section 8(a) that results in the discharge of an employee 18
578+or other serious economic harm to an employee, the Board 19
579+shall award the employee back pay without any reduction 20
580+(including any reduction based on the employee’s interim 21
581+earnings or failure to earn interim earnings), front pay 22
582+(when appropriate), consequential damages, and an addi-23
583+tional amount as liquidated damages equal to two times 24
584+the amount of damages awarded: Provided further, no re-25
585+VerDate Sep 11 2014 05:16 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567
586+kjohnson on DSK79L0C42PROD with BILLS 21
587+•S 567 IS
588+lief under this subsection shall be denied on the basis that 1
589+the employee is, or was during the time of relevant em-2
590+ployment or during the back pay period, an unauthorized 3
591+alien as defined in section 274A(h)(3) of the Immigration 4
592+and Nationality Act (8 U.S.C. 1324a(h)(3)) or any other 5
593+provision of Federal law relating to the unlawful employ-6
594+ment of aliens’’. 7
595+SEC. 107. ENFORCING COMPLIANCE WITH ORDERS OF THE 8
596+BOARD. 9
602597 (a) I
603-NGENERAL.—Section 10 of the National Labor 19
604-Relations Act (29 U.S.C. 160) is further amended— 20
605-(1) by striking subsection (e); 21
606-(2) by redesignating subsection (d) as sub-22
607-section (e); 23
608-(3) by inserting after subsection (c) the fol-24
609-lowing: 25
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611-pbinns on DSKJLVW7X2PROD with $$_JOB 22
612-•S 567 RS
613-‘‘(d)(1) Each order of the Board shall take effect 1
614-upon issuance of such order, unless otherwise directed by 2
615-the Board, and shall remain in effect unless modified by 3
616-the Board or unless a court of competent jurisdiction 4
617-issues a superseding order. 5
618-‘‘(2) Any person who fails or neglects to obey an 6
619-order of the Board shall forfeit and pay to the Board a 7
620-civil penalty of not more than $10,000 for each violation, 8
621-which shall accrue to the United States and may be recov-9
622-ered in a civil action brought by the Board to the district 10
623-court of the United States in which the unfair labor prac-11
624-tice or other subject of the order occurred, or in which 12
625-such person or entity resides or transacts business. No ac-13
626-tion by the Board under this paragraph may be made until 14
627-30 days following the issuance of an order. Each separate 15
628-violation of such an order shall be a separate offense, ex-16
629-cept that, in the case of a violation in which a person fails 17
630-to obey or neglects to obey a final order of the Board, 18
631-each day such failure or neglect continues shall be deemed 19
632-a separate offense. 20
633-‘‘(3) If, after having provided a person or entity with 21
634-notice and an opportunity to be heard regarding a civil 22
635-action under paragraph (2) for the enforcement of an 23
636-order, the court determines that the order was regularly 24
637-made and duly served, and that the person or entity is 25
638-VerDate Sep 11 2014 02:30 Jul 19, 2023 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S567.RS S567
639-pbinns on DSKJLVW7X2PROD with $$_JOB 23
640-•S 567 RS
641-in disobedience of the same, the court shall enforce obedi-1
642-ence to such order by an injunction or other proper proc-2
643-ess, mandatory or otherwise, to— 3
644-‘‘(A) restrain such person or entity or the offi-4
645-cers, agents, or representatives of such person or en-5
646-tity, from further disobedience to such order; or 6
647-‘‘(B) enjoin such person or entity, officers, 7
648-agents, or representatives to obedience to the 8
649-same.’’; 9
650-(4) in subsection (f)— 10
651-(A) by striking ‘‘proceed in the same man-11
652-ner as in the case of an application by the 12
653-Board under subsection (e) of this section,’’ and 13
654-inserting ‘‘proceed as provided under paragraph 14
655-(2) of this subsection’’; 15
656-(B) by striking ‘‘Any’’ and inserting ‘‘(1) 16
657-Within 30 days of the issuance of an order, 17
658-any’’; and 18
659-(C) by adding at the end the following: 19
660-‘‘(2) No objection that has not been urged before the 20
661-Board, its member, agent, or agency shall be considered 21
662-by a court, unless the failure or neglect to urge such objec-22
663-tion shall be excused because of extraordinary cir-23
664-cumstances. The findings of the Board with respect to 24
665-questions of fact if supported by substantial evidence on 25
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667-pbinns on DSKJLVW7X2PROD with $$_JOB 24
668-•S 567 RS
669-the record considered as a whole shall be conclusive. If 1
670-either party shall apply to the court for leave to adduce 2
671-additional evidence and shall show to the satisfaction of 3
672-the court that such additional evidence is material and 4
673-that there were reasonable grounds for the failure to ad-5
674-duce such evidence in the hearing before the Board, its 6
675-member, agent, or agency, the court may order such addi-7
676-tional evidence to be taken before the Board, its member, 8
677-agent, or agency, and to be made a part of the record. 9
678-The Board may modify its findings as to the facts, or 10
679-make new findings, by reason of additional evidence so 11
680-taken and filed, and it shall file such modified or new find-12
681-ings, which findings with respect to questions of fact if 13
682-supported by substantial evidence on the record considered 14
683-as a whole shall be conclusive, and shall file its rec-15
684-ommendations, if any, for the modification or setting aside 16
685-of its original order. Upon the filing of the record with 17
686-it the jurisdiction of the court shall be exclusive and its 18
687-judgment and decree shall be final, except that the same 19
688-shall be subject to review by the appropriate United States 20
689-court of appeals if application was made to the district 21
690-court, and by the Supreme Court of the United States 22
691-upon writ of certiorari or certification as provided in sec-23
692-tion 1254 of title 28, United States Code.’’; and 24
693-VerDate Sep 11 2014 02:30 Jul 19, 2023 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S567.RS S567
694-pbinns on DSKJLVW7X2PROD with $$_JOB 25
695-•S 567 RS
696-(5) in subsection (g), by striking ‘‘subsection 1
697-(e) or (f) of this section’’ and inserting ‘‘subsection 2
698-(d) or (f)’’. 3
598+NGENERAL.—Section 10 of the National Labor 10
599+Relations Act (29 U.S.C. 160) is further amended— 11
600+(1) by striking subsection (e); 12
601+(2) by redesignating subsection (d) as sub-13
602+section (e); 14
603+(3) by inserting after subsection (c) the fol-15
604+lowing: 16
605+‘‘(d)(1) Each order of the Board shall take effect 17
606+upon issuance of such order, unless otherwise directed by 18
607+the Board, and shall remain in effect unless modified by 19
608+the Board or unless a court of competent jurisdiction 20
609+issues a superseding order. 21
610+‘‘(2) Any person who fails or neglects to obey an 22
611+order of the Board shall forfeit and pay to the Board a 23
612+civil penalty of not more than $10,000 for each violation, 24
613+which shall accrue to the United States and may be recov-25
614+VerDate Sep 11 2014 05:16 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567
615+kjohnson on DSK79L0C42PROD with BILLS 22
616+•S 567 IS
617+ered in a civil action brought by the Board to the district 1
618+court of the United States in which the unfair labor prac-2
619+tice or other subject of the order occurred, or in which 3
620+such person or entity resides or transacts business. No ac-4
621+tion by the Board under this paragraph may be made until 5
622+30 days following the issuance of an order. Each separate 6
623+violation of such an order shall be a separate offense, ex-7
624+cept that, in the case of a violation in which a person fails 8
625+to obey or neglects to obey a final order of the Board, 9
626+each day such failure or neglect continues shall be deemed 10
627+a separate offense. 11
628+‘‘(3) If, after having provided a person or entity with 12
629+notice and an opportunity to be heard regarding a civil 13
630+action under paragraph (2) for the enforcement of an 14
631+order, the court determines that the order was regularly 15
632+made and duly served, and that the person or entity is 16
633+in disobedience of the same, the court shall enforce obedi-17
634+ence to such order by an injunction or other proper proc-18
635+ess, mandatory or otherwise, to— 19
636+‘‘(A) restrain such person or entity or the offi-20
637+cers, agents, or representatives of such person or en-21
638+tity, from further disobedience to such order; or 22
639+‘‘(B) enjoin such person or entity, officers, 23
640+agents, or representatives to obedience to the 24
641+same.’’; 25
642+VerDate Sep 11 2014 05:16 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567
643+kjohnson on DSK79L0C42PROD with BILLS 23
644+•S 567 IS
645+(4) in subsection (f)— 1
646+(A) by striking ‘‘proceed in the same man-2
647+ner as in the case of an application by the 3
648+Board under subsection (e) of this section,’’ and 4
649+inserting ‘‘proceed as provided under paragraph 5
650+(2) of this subsection’’; 6
651+(B) by striking ‘‘Any’’ and inserting ‘‘(1) 7
652+Within 30 days of the issuance of an order, 8
653+any’’; and 9
654+(C) by adding at the end the following: 10
655+‘‘(2) No objection that has not been urged before the 11
656+Board, its member, agent, or agency shall be considered 12
657+by a court, unless the failure or neglect to urge such objec-13
658+tion shall be excused because of extraordinary cir-14
659+cumstances. The findings of the Board with respect to 15
660+questions of fact if supported by substantial evidence on 16
661+the record considered as a whole shall be conclusive. If 17
662+either party shall apply to the court for leave to adduce 18
663+additional evidence and shall show to the satisfaction of 19
664+the court that such additional evidence is material and 20
665+that there were reasonable grounds for the failure to ad-21
666+duce such evidence in the hearing before the Board, its 22
667+member, agent, or agency, the court may order such addi-23
668+tional evidence to be taken before the Board, its member, 24
669+agent, or agency, and to be made a part of the record. 25
670+VerDate Sep 11 2014 05:16 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567
671+kjohnson on DSK79L0C42PROD with BILLS 24
672+•S 567 IS
673+The Board may modify its findings as to the facts, or 1
674+make new findings, by reason of additional evidence so 2
675+taken and filed, and it shall file such modified or new find-3
676+ings, which findings with respect to questions of fact if 4
677+supported by substantial evidence on the record considered 5
678+as a whole shall be conclusive, and shall file its rec-6
679+ommendations, if any, for the modification or setting aside 7
680+of its original order. Upon the filing of the record with 8
681+it the jurisdiction of the court shall be exclusive and its 9
682+judgment and decree shall be final, except that the same 10
683+shall be subject to review by the appropriate United States 11
684+court of appeals if application was made to the district 12
685+court, and by the Supreme Court of the United States 13
686+upon writ of certiorari or certification as provided in sec-14
687+tion 1254 of title 28, United States Code.’’; and 15
688+(5) in subsection (g), by striking ‘‘subsection 16
689+(e) or (f) of this section’’ and inserting ‘‘subsection 17
690+(d) or (f)’’. 18
699691 (b) C
700-ONFORMINGAMENDMENT.—Section 18 of the 4
701-National Labor Relations Act (29 U.S.C. 168) is amended 5
702-by striking ‘‘ section 10(e) or (f)’’ and inserting ‘‘sub-6
703-section (d) or (f) of section 10’’. 7
704-SEC. 108. INJUNCTIONS AGAINST UNFAIR LABOR PRAC-8
705-TICES INVOLVING DISCHARGE OR OTHER SE-9
706-RIOUS ECONOMIC HARM. 10
707-Section 10 of the National Labor Relations Act (29 11
708-U.S.C. 160) is amended— 12
709-(1) in subsection (j)— 13
710-(A) by striking ‘‘The Board’’ and inserting 14
711-‘‘(1) The Board’’; and 15
712-(B) by adding at the end the following: 16
713-‘‘(2) Notwithstanding subsection (m), whenever it is 17
714-charged that an employer has engaged in an unfair labor 18
715-practice within the meaning of paragraph (1), (3), or (4) 19
716-of section 8(a) that significantly interferes with, restrains, 20
717-or coerces employees in the exercise of the rights guaran-21
718-teed under section 7, or involves discharge or other serious 22
719-economic harm to an employee, the preliminary investiga-23
720-tion of such charge shall be made forthwith and given pri-24
721-ority over all other cases except cases of like character 25
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724-•S 567 RS
725-in the office where it is filed or to which it is referred. 1
726-If, after such investigation, the officer or regional attorney 2
727-to whom the matter may be referred has reasonable cause 3
728-to believe such charge is true and that a complaint should 4
729-issue, such officer or attorney shall bring a petition for 5
730-appropriate temporary relief or restraining order as set 6
731-forth in paragraph (1). The district court shall grant the 7
732-relief requested unless the court concludes that there is 8
733-no reasonable likelihood that the Board will succeed on 9
734-the merits of the Board’s claim.’’; and 10
735-(2) by repealing subsections (k) and (l). 11
736-SEC. 109. PENALTIES. 12
692+ONFORMINGAMENDMENT.—Section 18 of the 19
693+National Labor Relations Act (29 U.S.C. 168) is amended 20
694+by striking ‘‘ section 10(e) or (f)’’ and inserting ‘‘sub-21
695+section (d) or (f) of section 10’’. 22
696+VerDate Sep 11 2014 05:16 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567
697+kjohnson on DSK79L0C42PROD with BILLS 25
698+•S 567 IS
699+SEC. 108. INJUNCTIONS AGAINST UNFAIR LABOR PRAC-1
700+TICES INVOLVING DISCHARGE OR OTHER SE-2
701+RIOUS ECONOMIC HARM. 3
702+Section 10 of the National Labor Relations Act (29 4
703+U.S.C. 160) is amended— 5
704+(1) in subsection (j)— 6
705+(A) by striking ‘‘The Board’’ and inserting 7
706+‘‘(1) The Board’’; and 8
707+(B) by adding at the end the following: 9
708+‘‘(2) Notwithstanding subsection (m), whenever it is 10
709+charged that an employer has engaged in an unfair labor 11
710+practice within the meaning of paragraph (1), (3), or (4) 12
711+of section 8(a) that significantly interferes with, restrains, 13
712+or coerces employees in the exercise of the rights guaran-14
713+teed under section 7, or involves discharge or other serious 15
714+economic harm to an employee, the preliminary investiga-16
715+tion of such charge shall be made forthwith and given pri-17
716+ority over all other cases except cases of like character 18
717+in the office where it is filed or to which it is referred. 19
718+If, after such investigation, the officer or regional attorney 20
719+to whom the matter may be referred has reasonable cause 21
720+to believe such charge is true and that a complaint should 22
721+issue, such officer or attorney shall bring a petition for 23
722+appropriate temporary relief or restraining order as set 24
723+forth in paragraph (1). The district court shall grant the 25
724+relief requested unless the court concludes that there is 26
725+VerDate Sep 11 2014 05:16 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567
726+kjohnson on DSK79L0C42PROD with BILLS 26
727+•S 567 IS
728+no reasonable likelihood that the Board will succeed on 1
729+the merits of the Board’s claim.’’; and 2
730+(2) by repealing subsections (k) and (l). 3
731+SEC. 109. PENALTIES. 4
737732 (a) I
738-NGENERAL.—Section 12 of the National Labor 13
739-Relations Act (29 U.S.C. 162) is amended— 14
733+NGENERAL.—Section 12 of the National Labor 5
734+Relations Act (29 U.S.C. 162) is amended— 6
740735 (1) by striking ‘‘
741-SEC. 12. Any person’’ and in-15
742-serting the following: 16
743-‘‘SEC. 12. PENALTIES. 17
736+SEC. 12. Any person’’ and in-7
737+serting the following: 8
738+‘‘SEC. 12. PENALTIES. 9
744739 ‘‘(a) V
745-IOLATIONS FOR INTERFERENCE WITH 18
740+IOLATIONS FOR INTERFERENCE WITH 10
746741 B
747-OARD.—Any person’’; and 19
748-(2) by adding at the end the following: 20
742+OARD.—Any person’’; and 11
743+(2) by adding at the end the following: 12
749744 ‘‘(b) V
750-IOLATIONS FORPOSTINGREQUIREMENTS AND 21
745+IOLATIONS FORPOSTINGREQUIREMENTS AND 13
751746 V
752-OTERLIST.—If the Board, or any agent or agency des-22
753-ignated by the Board for such purposes, determines that 23
754-an employer has violated section 8(h) or regulations issued 24
755-thereunder, the Board shall— 25
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758-•S 567 RS
759-‘‘(1) state the findings of fact supporting such 1
760-determination; 2
761-‘‘(2) issue and cause to be served on such em-3
762-ployer an order requiring that such employer comply 4
763-with section 8(h) or regulations issued thereunder; 5
764-and 6
765-‘‘(3) impose a civil penalty in an amount deter-7
766-mined appropriate by the Board, except that in no 8
767-case shall the amount of such penalty exceed $500 9
768-for each such violation. 10
747+OTERLIST.—If the Board, or any agent or agency des-14
748+ignated by the Board for such purposes, determines that 15
749+an employer has violated section 8(h) or regulations issued 16
750+thereunder, the Board shall— 17
751+‘‘(1) state the findings of fact supporting such 18
752+determination; 19
753+‘‘(2) issue and cause to be served on such em-20
754+ployer an order requiring that such employer comply 21
755+with section 8(h) or regulations issued thereunder; 22
756+and 23
757+‘‘(3) impose a civil penalty in an amount deter-24
758+mined appropriate by the Board, except that in no 25
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762+case shall the amount of such penalty exceed $500 1
763+for each such violation. 2
769764 ‘‘(c) C
770-IVILPENALTIES FORVIOLATIONS.— 11
765+IVILPENALTIES FORVIOLATIONS.— 3
771766 ‘‘(1) I
772-N GENERAL.—Any employer who commits 12
773-an unfair labor practice within the meaning of sec-13
774-tion 8(a) shall, in addition to any remedy ordered by 14
775-the Board, be subject to a civil penalty in an amount 15
776-not to exceed $50,000 for each violation, except 16
777-that, with respect to an unfair labor practice within 17
778-the meaning of paragraph (3) or (4) of section 8(a) 18
779-or a violation of section 8(a) that results in the dis-19
780-charge of an employee or other serious economic 20
781-harm to an employee, the Board shall double the 21
782-amount of such penalty, to an amount not to exceed 22
783-$100,000, in any case where the employer has with-23
784-in the preceding 5 years committed another such 24
785-violation. 25
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788-•S 567 RS
789-‘‘(2) CONSIDERATIONS.—In determining the 1
790-amount of any civil penalty under this subsection, 2
791-the Board shall consider— 3
792-‘‘(A) the gravity of the unfair labor prac-4
793-tice; 5
794-‘‘(B) the impact of the unfair labor prac-6
795-tice on the charging party, on other persons 7
796-seeking to exercise rights guaranteed by this 8
797-Act, and on the public interest; and 9
798-‘‘(C) the gross income of the employer. 10
767+N GENERAL.—Any employer who commits 4
768+an unfair labor practice within the meaning of sec-5
769+tion 8(a) shall, in addition to any remedy ordered by 6
770+the Board, be subject to a civil penalty in an amount 7
771+not to exceed $50,000 for each violation, except 8
772+that, with respect to an unfair labor practice within 9
773+the meaning of paragraph (3) or (4) of section 8(a) 10
774+or a violation of section 8(a) that results in the dis-11
775+charge of an employee or other serious economic 12
776+harm to an employee, the Board shall double the 13
777+amount of such penalty, to an amount not to exceed 14
778+$100,000, in any case where the employer has with-15
779+in the preceding 5 years committed another such 16
780+violation. 17
781+‘‘(2) C
782+ONSIDERATIONS.—In determining the 18
783+amount of any civil penalty under this subsection, 19
784+the Board shall consider— 20
785+‘‘(A) the gravity of the unfair labor prac-21
786+tice; 22
787+‘‘(B) the impact of the unfair labor prac-23
788+tice on the charging party, on other persons 24
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791+•S 567 IS
792+seeking to exercise rights guaranteed by this 1
793+Act, and on the public interest; and 2
794+‘‘(C) the gross income of the employer. 3
799795 ‘‘(3) D
800-IRECTOR AND OFFICER LIABILITY .—If 11
801-the Board determines, based on the particular facts 12
802-and circumstances presented, that a director or offi-13
803-cer’s personal liability is warranted, a civil penalty 14
804-for a violation described in this subsection may also 15
805-be assessed against any director or officer of the em-16
806-ployer who directed or committed the violation, had 17
807-established a policy that led to such a violation, or 18
808-had actual or constructive knowledge of and the au-19
809-thority to prevent the violation and failed to prevent 20
810-the violation. 21
796+IRECTOR AND OFFICER LIABILITY .—If 4
797+the Board determines, based on the particular facts 5
798+and circumstances presented, that a director or offi-6
799+cer’s personal liability is warranted, a civil penalty 7
800+for a violation described in this subsection may also 8
801+be assessed against any director or officer of the em-9
802+ployer who directed or committed the violation, had 10
803+established a policy that led to such a violation, or 11
804+had actual or constructive knowledge of and the au-12
805+thority to prevent the violation and failed to prevent 13
806+the violation. 14
811807 ‘‘(d) R
812-IGHT TOCIVILACTION.— 22
808+IGHT TOCIVILACTION.— 15
813809 ‘‘(1) I
814-N GENERAL.—Any person who is injured 23
815-by reason of a violation of paragraph (1), (3), or (4) 24
816-of section 8(a) may, after 60 days following the fil-25
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819-•S 567 RS
820-ing of a charge with the Board alleging an unfair 1
821-labor practice, bring a civil action in the appropriate 2
822-district court of the United States against the em-3
823-ployer within 90 days after the expiration of the 60- 4
824-day period or the date the Board notifies the person 5
825-that no complaint shall issue, whichever occurs ear-6
826-lier, provided that the Board has not filed a petition 7
827-under section 10(j) of this Act prior to the expira-8
828-tion of the 60-day period. No relief under this sub-9
829-section shall be denied on the basis that the em-10
830-ployee is, or was during the time of relevant employ-11
831-ment or during the back pay period, an unauthor-12
832-ized alien as defined in section 274A(h)(3) of the 13
833-Immigration and Nationality Act (8 U.S.C. 14
834-1324a(h)(3)) or any other provision of Federal law 15
835-relating to the unlawful employment of aliens. 16
810+N GENERAL.—Any person who is injured 16
811+by reason of a violation of paragraph (1), (3), or (4) 17
812+of section 8(a) may, after 60 days following the fil-18
813+ing of a charge with the Board alleging an unfair 19
814+labor practice, bring a civil action in the appropriate 20
815+district court of the United States against the em-21
816+ployer within 90 days after the expiration of the 60- 22
817+day period or the date the Board notifies the person 23
818+that no complaint shall issue, whichever occurs ear-24
819+lier, provided that the Board has not filed a petition 25
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822+•S 567 IS
823+under section 10(j) of this Act prior to the expira-1
824+tion of the 60-day period. No relief under this sub-2
825+section shall be denied on the basis that the em-3
826+ployee is, or was during the time of relevant employ-4
827+ment or during the back pay period, an unauthor-5
828+ized alien as defined in section 274A(h)(3) of the 6
829+Immigration and Nationality Act (8 U.S.C. 7
830+1324a(h)(3)) or any other provision of Federal law 8
831+relating to the unlawful employment of aliens. 9
836832 ‘‘(2) A
837-VAILABLE RELIEF.—Relief granted in an 17
838-action under paragraph (1) may include— 18
839-‘‘(A) back pay without any reduction, in-19
840-cluding any reduction based on the employee’s 20
841-interim earnings or failure to earn interim earn-21
842-ings; 22
843-‘‘(B) front pay (when appropriate); 23
844-‘‘(C) consequential damages; 24
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847-•S 567 RS
848-‘‘(D) an additional amount as liquidated 1
849-damages equal to two times the cumulative 2
850-amount of damages awarded under subpara-3
851-graphs (A) through (C); 4
852-‘‘(E) in appropriate cases, punitive dam-5
853-ages in accordance with paragraph (4); and 6
854-‘‘(F) any other relief authorized by section 7
855-706(g) of the Civil Rights Act of 1964 (42 8
856-U.S.C. 2000e–5(g)) or by section 1977A(b) of 9
857-the Revised Statutes (42 U.S.C. 1981a(b)). 10
833+VAILABLE RELIEF.—Relief granted in an 10
834+action under paragraph (1) may include— 11
835+‘‘(A) back pay without any reduction, in-12
836+cluding any reduction based on the employee’s 13
837+interim earnings or failure to earn interim earn-14
838+ings; 15
839+‘‘(B) front pay (when appropriate); 16
840+‘‘(C) consequential damages; 17
841+‘‘(D) an additional amount as liquidated 18
842+damages equal to two times the cumulative 19
843+amount of damages awarded under subpara-20
844+graphs (A) through (C); 21
845+‘‘(E) in appropriate cases, punitive dam-22
846+ages in accordance with paragraph (4); and 23
847+‘‘(F) any other relief authorized by section 24
848+706(g) of the Civil Rights Act of 1964 (42 25
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851+•S 567 IS
852+U.S.C. 2000e–5(g)) or by section 1977A(b) of 1
853+the Revised Statutes (42 U.S.C. 1981a(b)). 2
858854 ‘‘(3) A
859-TTORNEY’S FEES.—In any civil action 11
860-under this subsection, the court may allow the pre-12
861-vailing party a reasonable attorney’s fee (including 13
862-expert fees) and other reasonable costs associated 14
863-with maintaining the action. 15
855+TTORNEY’S FEES.—In any civil action 3
856+under this subsection, the court may allow the pre-4
857+vailing party a reasonable attorney’s fee (including 5
858+expert fees) and other reasonable costs associated 6
859+with maintaining the action. 7
864860 ‘‘(4) P
865-UNITIVE DAMAGES.—In awarding puni-16
866-tive damages under paragraph (2)(E), the court 17
867-shall consider— 18
868-‘‘(A) the gravity of the unfair labor prac-19
869-tice; 20
870-‘‘(B) the impact of the unfair labor prac-21
871-tice on the charging party, on other persons 22
872-seeking to exercise rights guaranteed by this 23
873-Act, and on the public interest; and 24
874-‘‘(C) the gross income of the employer.’’. 25
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877-•S 567 RS
878-(b) CONFORMINGAMENDMENTS.—Section 10(b) of 1
879-the National Labor Relations Act (29 U.S.C. 160(b)) is 2
880-amended— 3
881-(1) by striking ‘‘six months’’ and inserting 4
882-‘‘180 days’’; and 5
883-(2) by striking ‘‘the six-month period’’ and in-6
884-serting ‘‘the 180-day period’’. 7
885-SEC. 110. LIMITATIONS ON THE RIGHT TO STRIKE. 8
886-Section 13 of the National Labor Relations Act (29 9
887-U.S.C. 163) is amended by striking the period at the end 10
888-and inserting the following: ‘‘: Provided, That the dura-11
889-tion, scope, frequency, or intermittence of any strike or 12
890-strikes shall not render such strike or strikes unprotected 13
891-or prohibited.’’. 14
892-SEC. 111. FAIR SHARE AGREEMENTS PERMITTED. 15
893-Section 14(b) of the National Labor Relations Act 16
894-(29 U.S.C. 164(b)) is amended by striking the period at 17
895-the end and inserting the following: ‘‘: Provided, That col-18
896-lective bargaining agreements providing that all employees 19
897-in a bargaining unit shall contribute fees to a labor organi-20
898-zation for the cost of representation, collective bargaining, 21
899-contract enforcement, and related expenditures as a condi-22
900-tion of employment shall be valid and enforceable notwith-23
901-standing any State or Territorial law.’’. 24
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904-•S 567 RS
861+UNITIVE DAMAGES.—In awarding puni-8
862+tive damages under paragraph (2)(E), the court 9
863+shall consider— 10
864+‘‘(A) the gravity of the unfair labor prac-11
865+tice; 12
866+‘‘(B) the impact of the unfair labor prac-13
867+tice on the charging party, on other persons 14
868+seeking to exercise rights guaranteed by this 15
869+Act, and on the public interest; and 16
870+‘‘(C) the gross income of the employer.’’. 17
871+(b) C
872+ONFORMINGAMENDMENTS.—Section 10(b) of 18
873+the National Labor Relations Act (29 U.S.C. 160(b)) is 19
874+amended— 20
875+(1) by striking ‘‘six months’’ and inserting 21
876+‘‘180 days’’; and 22
877+(2) by striking ‘‘the six-month period’’ and in-23
878+serting ‘‘the 180-day period’’. 24
879+VerDate Sep 11 2014 05:16 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S567.IS S567
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881+•S 567 IS
882+SEC. 110. LIMITATIONS ON THE RIGHT TO STRIKE. 1
883+Section 13 of the National Labor Relations Act (29 2
884+U.S.C. 163) is amended by striking the period at the end 3
885+and inserting the following: ‘‘: Provided, That the dura-4
886+tion, scope, frequency, or intermittence of any strike or 5
887+strikes shall not render such strike or strikes unprotected 6
888+or prohibited.’’. 7
889+SEC. 111. FAIR SHARE AGREEMENTS PERMITTED. 8
890+Section 14(b) of the National Labor Relations Act 9
891+(29 U.S.C. 164(b)) is amended by striking the period at 10
892+the end and inserting the following: ‘‘: Provided, That col-11
893+lective bargaining agreements providing that all employees 12
894+in a bargaining unit shall contribute fees to a labor organi-13
895+zation for the cost of representation, collective bargaining, 14
896+contract enforcement, and related expenditures as a condi-15
897+tion of employment shall be valid and enforceable notwith-16
898+standing any State or Territorial law.’’. 17
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905902 TITLE II—AMENDMENTS TO THE 1
906903 LABOR MANAGEMENT RELA-2
907904 TIONS ACT, 1947 AND THE 3
908905 LABOR-MANAGEMENT RE-4
909906 PORTING AND DISCLOSURE 5
910907 ACT OF 1959 6
911908 SEC. 201. CONFORMING AMENDMENTS TO THE LABOR MAN-7
912909 AGEMENT RELATIONS ACT, 1947. 8
913910 The Labor Management Relations Act, 1947 is 9
914911 amended— 10
915912 (1) in section 213(a) (29 U.S.C. 183(a)), by 11
916913 striking ‘‘clause (A) of the last sentence of section 12
917914 8(d) (which is required by clause (3) of such section 13
918915 8(d)), or within 10 days after the notice under 14
919916 clause (B)’’ and inserting ‘‘section 8(d)(2)(A) of the 15
920917 National Labor Relations Act (which is required by 16
921918 section 8(d)(1)(C) of such Act), or within 10 days 17
922919 after the notice under section 8(d)(2)(B) of such 18
923920 Act’’; and 19
924921 (2) by repealing section 303 (29 U.S.C. 187). 20
925922 SEC. 202. AMENDMENTS TO THE LABOR-MANAGEMENT RE-21
926923 PORTING AND DISCLOSURE ACT OF 1959. 22
927924 Section 203(c) of the Labor-Management Reporting 23
928925 and Disclosure Act of 1959 (29 U.S.C. 433(c)) is amended 24
929926 by striking the period at the end and inserting the fol-25
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933930 lowing ‘‘: Provided, That this subsection shall not exempt 1
934931 from the requirements of this section any arrangement or 2
935932 part of an arrangement in which a party agrees, for an 3
936933 object described in subsection (b)(1), to plan or conduct 4
937934 employee meetings; train supervisors or employer rep-5
938935 resentatives to conduct meetings; coordinate or direct ac-6
939936 tivities of supervisors or employer representatives; estab-7
940937 lish or facilitate employee committees; identify employees 8
941938 for disciplinary action, reward, or other targeting; or draft 9
942939 or revise employer personnel policies, speeches, presen-10
943940 tations, or other written, recorded, or electronic commu-11
944941 nications to be delivered or disseminated to employees.’’. 12
945942 TITLE III—OTHER MATTERS 13
946943 SEC. 301. SEVERABILITY. 14
947944 If any provision of this Act or the application thereof 15
948945 to any person or circumstance is held invalid, the remain-16
949946 der of this Act, or the application of that provision to per-17
950947 sons or circumstances other than those as to which it is 18
951948 held invalid, is not affected thereby. 19
952949 SEC. 302. AUTHORIZATION OF APPROPRIATIONS. 20
953950 There are authorized to be appropriated such sums 21
954951 as may be necessary to carry out the provisions of this 22
955952 Act and the amendments made by this Act. 23
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957-pbinns on DSKJLVW7X2PROD with $$_JOB Calendar No.
958-133
959-118
960-TH
961-CONGRESS
962-1
963-ST
964-S
965-ESSION
966-
967-S. 567 A BILL
968-To amend the National Labor Relations Act, the
969-Labor Management Relations Act, 1947, and the
970-Labor-Management Reporting and Disclosure
971-Act of 1959, and for other purposes.
972-J
973-ULY
974-18, 2023
975-Reported without amendment
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953+Æ
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